Post Tagged with: "c-28"

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The Fear-Free Guide to Canada’s Anti-Spam Legislation: Answers to Ten Common Questions

The imminent arrival of Canada’s anti-spam legislation has sparked considerable fear that might lead the uninitiated to think that sending commercial electronic messages will grind to a halt on July 1st, when parts of the law kick in. The reality is far less troubling. For any organization that already sends commercial electronic messages, they presumably comply with PIPEDA, the private sector privacy law, that requires organizations to obtain user consent, allow users to withdraw their consent, and provide the necessary contact information to do so.  Compliance with the new anti-spam law (CASL) involves much the same obligations.  While there are certainly some additional technical requirements and complications (along with tough penalties for failure to comply), the basics of the law involve consent, withdrawal of consent (ie. unsubscribe), and accessible contact information. 

This post is not legal advice, but it seeks to unpack the key requirements associated with the commercial electronic messages provisions in CASL by answering the ten questions organizations should ask (and answer). Note that there are additional rules associated with software that do not take effect until next year. While this is not designed to be comprehensive – some organizations will face unique issues – it provides a starting point for the key requirements, exceptions, and application of the law. The law itself can be found here. The Industry Canada regulations here and the CRTC regulations here.

The primary takeaways? If you send commercial electronic messages, you need explicit consent along with an unsubscribe mechanism and contact information. There are many common sense exceptions to this general rule, however, including personal messages, most business-to-business messaging, and most messages sent to recipients outside of Canada. Moreover, if you do not have explicit consent, the government has implemented a transition period that grants you three years to get it.

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June 10, 2014 11 comments News

Anti-Spam Bill Receives Royal Assent

On May 11, 2004, the Government launched Canada’s Task Force on Spam.  I was honoured to participate on the Task Force, which unanimously recommended anti-spam legislation its report issued on May 17, 2005.  Yesterday – 2038 days after the release of the report – Bill C-28, the anti-spam bill, received […]

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December 16, 2010 2 comments Must Reads

Anti-Spam Bill Passes Third Reading in House of Commons

Bill C-28, the anti-spam bill without a name, has passed third reading in the House of Commons.  The bill now heads to the Senate for review.

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November 24, 2010 Comments are Disabled Must Reads

Spam Bill Passes Industry Committee Review

Bill C-28, the anti-spam bill, has been reported back to the House of Commons by the Standing Committee on Industry.  There were no substantive changes made to the bill.

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November 4, 2010 Comments are Disabled Must Reads

Spam Bill Debated in House of Commons

Members of Parliament spent over two hours yesterday debating Bill C-28, the anti-spam bill.  A full transcript of the discussion is available here.

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September 28, 2010 Comments are Disabled Must Reads